tv [untitled] November 15, 2013 7:00pm-7:31pm PST
signatures are on the lease agreement. >> so - >> can i add one thing it that response in terms of. >> what are you ron to. >> the question from the commissioner. in terms of rain approaching i think it's important to note in the absence of the appeal we'll be hugh through the project by now. that was no doing of the property owner and a second of all i'm not clear on what the tenant expect of the property owner if he didn't do any of the repairs they would be well workplace they were reporters to complain about a lousy landlord
having leaky walls and windows >> that's in response to the question. i'd like to address something i heard from some of the public commenters. i heard for those people who were provided for disclosure papers first of all, it appears the disclosure were not in the language of the signers and that'sling legal documents to protect the property owners not for the tenants. iga an opportunity it break the lease i think one of the commenters said that's one alternate and the answer was no. i didn't hear rent reduction all kinds of ways to address the concerns raised by the tenants.
i've also heard from the public commenters that e-mails go unaddressed so responsiveness that's lip service please address that. every concern that's been brought to the attention of the management company goes to the windshield company manager >> in the same form or a note talked on the demeanor where there's no dialog. >> there's a whole e-mail history of weighing the individual about the appeal to the board. with all kinds of questions and demands and accusations and we'll drop the appeal if he was bought out of his lease. as a company that has 25 units in the city we can't buy out
every resident or property where there's improvements. but there are venues those issues could be brought up n and aided >> so an invitation for a process is what you're inviting an adversarial process. obama >> sound like it. i think you said a claim before the supreme court >> i'm not suggesting that. >> i heard that out of your mouth. >> the suggests that are coming up about the resident who want to be compensated let me clarify there's a different venue for those issues to be brought up
than to appeal the process to keep the building in liveable condition. >> okay get it that's helpful. >> i apologize for that miscommunication. both your statements were in the language of the tenants >> pardon me. >> the language was not assessable. >> the disclosure permit we have on file for unit one is in english which appears is not the native language of the resident and was the offer made upon disclosure of the work that was going to stop american people offer to take place sorry we didn't know about the all the
construction. >> the disclosure agreement was signed in unit one in may we didn't know the stint of the repairs but we hadn't signed contract but it wasn't for a few more months. from the time of original discovery around the first week of april we explicit get a permit issued until the beginning of september >> okay. i have nothing further for new >> ongoing thank you very much. >> anything further from the departments? no. okay commissioners the matter is submitted. >> any suggestions? >> it seems that i don't - we
have the discretion of this board to be concerned about the interests of the public and the public that came to speak about their concerns are not being addressed in issuance of this agreement have persuaded me discussions didn't take place to come up with a resolution. my leaning is to i'm not sorry which way i'm going to go but for the hearer the public's concerns and address the permit in that fashion
>> you have discretion under section 6 to do as you suggest which is to consider the. >> could you speak into the mike. >> i'm sorry. consider the effects of the proposed business or calling on the resident in evidence and to make a decision in our discretion so you have discretion here >> can i just through something in here. i think we're all sympathetic to the tenant. my view is i don't know what alternative those repairs have
to happen if we overturn this permit you that's not going to create a good situation for the tenants either. there's nothing pertinent to the permit itself. the concerns i'm sympathetic to them bullet i believe they lie within the per view of the board not within the board of appeals that we don't have the recommendations we can impose to i'd the situation speaker i wouldn't vote to over turn this permit >> there are ways to aid the time period for the work go to be performed and we heard from inspector duffey any concerns oh, hose not here like asbestos
and lead can be raised and inspected and have someone come out and if that has an impact. there are health concerns. noise mitigation measures i think would be addressed through time limitations on the construction. that's one way it's within our jurisdiction. i think it's - yeah. i think the issue of the actual need for the permits themselves is difficult to get around >> no, i agree. my only concern is that if you put yourself in their position not the ones that we're not aware of this and you move into a property and expect a concern
quality of life and that quality of life is not there >> as the commissioner pointed out that's not a meter before us right now. i would be inclined to deny the appeal as well but i'll be open to conditioning on the hours ideas is a good one. i'm not sure about the timing on the permit. because they are not going to harm their own building so terms of delaying the start or something >> i wasn't talking about that but the time period 7 to 8 or i don't know. i would agree with the limit o the time of work and looking at the asbestos report i guess i'll support continued testing as the work is being done.
there's a notation that it should be sampled prior to being disturbed. i suggest we continue the teftd requirement for the and i best issue >> do we have the ability to ask the property management to respond? >> they could - i think we've done it before with initial side complaints they assign someone who would respond and be accountable that is effected. >> i think michael chang u chung is the person that handled this and hose absent from this hearing and that's a good idea.
>> right. and i agree there are alternative venues i don't know the names of the organizations but there's like what's it called? you know, people who are out there that could potentially assist >> who's going to make ma motion. >> i'll make a motion to uphold the permit but conditioned on 3 things. number one that the hours of work be limited to 8am to 5:00 pm p.m. monday through friday. that there be conditioned testing for asbestos >> and lead-based paint as the
work progresses. and number 3 >> i forgot was it of the. >> the third, there be someone at dbi to fold the complaints relating to this property. >> did you saw someone from dbi. >> no trinity can we assign someoneful from trinity to field future complaints. >> i think that's the property manager. >> i think the issue is he's not been responsive to our tenants it would be in your best interest to find someone else. that's a simple option to the
board. okay. i'm okay with that >> okay. that's my motion. >> the asbestos is only a demo phase. >> but during the demo phase. >> if we could set some expectations at one point it will take us less than three weeks so everyone is compliebl i'll ask that - >> anytime new material is disturbed according to our report that's suggested wherever it's disturbed. >> okay. that works for me. >> when you're ready, sir. >> we have a motion from commissioner to uphold this
permit that the following condition first, the hours ever work of construction is limit monday through friday 9:00 a.m. to 5:00 p.m. and there be continual testing during the what phase and during the demo phase and anytime new material is disturbed. >> during the demo phase and during new material is disturbed. >> wherever new material is disturbed. >> exactly. >> during the demo phase when new material it disturbed. >> yes. >> okay. during demo phase when new material is disturbed.
>> yes. >> and third that the permit holder assign a contract person for all future complaints. >> and that person will be dave tompkins. >> okay. on that motion to uphold this permit with those 3 conditions (calling names) thank you. the vote is 4 to zero this permit is upheld with all those conditions >> we're going to take 5 minutes. >> november 13th the metro of san francisco board of appeals. we're appeal 89 at 174 brighten
avenue we have the permit holder to report on the conference in the hallway. we're of we've alleged while the bamboo combroiz that in that area i'll put up a lblgs screen that officers the amount of protection until the businessman both is grown so they can continue their privacy >> if you can step forward. something fun that bamboo the rufrn stuff might work out until the other bamboo grows >> you're smiling. >> miles assures me i'm going to
put it in his hand. >> if you could stand here for one section i'm going to memorialize that i'm glad you're doing that in person but let's get this duplicate. i'm going studio grant the appeal that the permit person is going to do a businessman both growing at the fence and during which time as it grows in the meantime permit holder will >> have a temporary. >> have is a temporary prices screen on the deck at a level of 6 feet? >> yes. >> that's the motion.
>> and that's obviously on the appellants side of the property. that's correct thanks for the clarification. >> appellant or permit holder. >> the appellant side. >> the appellant holders property. >> okay. so the privacy screen will be 6 photo in height and in place until the businessman both that's planted in the ground reaches equivalent height >> okay everyone do you have is a question. >> one question. >> sure. >> where do we go from here what happens now. >> the permit is approved with those conditions.
>> we're good to go. >> assuming the motion passes there's a 10 day request position that can't be waived. that notice of decision will be sent to you as well the department of building permits but until that's listed you have to wait the 10 days and dbi will list of the suspension but first a call. >> so the motion is to uphold the permit on conditions the permit holder is to plant bamboo with the temporary screen at the 6 feet in height foogz the appellants property.
correct? >> correct. >> correct. >> on that motion commissioner fong is absent (calling names) thank you. the vote is 4 to zero to uphold this permit with those conditions and no special conditions permit will be needed. >> and it's rare that both parties leave this room smiling. >> thank you for working it out. >> so president fong are you ready for item 11. >> that's appeal vs. the department of building inspection. the property is at 5 rock dale drive to shur better and shannon
to excavate bedroom rooms and laundry rooms and remodel kitchen and bathroom and expend the property narrow the rear yard. we'll start with the appellant . >> we are the owners of the property. >> thank you for the opportunity to hear us we believe that the issuance of permit is erroneous and has a i didn't and without any realization of the gas leaks going on. any type of construction should be put on hold until the pipes are replaced and for that matter in the entire block it's neighborhood rights to be safe
is superior over the construction to be modified. it should be scaled down because it triumphs on our rights the national air and light we've invested and gyrated for the last 25 years. there's something called neighborhood harmony. and those types of over the top construction is a residential neighborhood that are detrimental that distresses harmony and not going good for community. they've given the hospital in to us a if weeks ago. the dbi should be upheld, however, they tried to hide the fact the permit was issued prior
to dbi knowing about the gas leaks. and recently as past june one of the mp u clubhouses and the prior to that the major gas leak we had last friday on the boulevard that was a block away from our houses. the apartment holders claim it's our mental illness and we are only guessing pr this is the ignorance and dismiss i have nature that's been playing our community. the gas leak is real this is a picture of last friday. this happened last friday. i happened to walk by and their digging up the whole front yard
and they're the owners were distraught. i spoke with them and smelled gas it's not our imagination. moreover it would be thought less for them to assume there's there's no gas leaks on their front yard. them saying the garbage trucks can equally vibrate our pipes is true but your construction in that house for over a year and a half is going to further damage our property including their own. since the property holder claims their responding to our brief only as a gesture there's a
conflict between the parties involved. the mp ic it's the neighborhood community that's the board of directors that run the design guidelines they're on the board of directors. i've climbed to the president of the dp ic that the guidelines have on violated. they acknowledge ref my letter but he respond to their brief saying everything is okay. the third floor setbacks would be substantial if you look at this picture from my window this is their third floor. it's barely 6 feet away from the front of the revolver. it's not substantial it's
completely hide 3 of my windows. even if he is certified he didn't know there were window in our house he went ahead and certified. i don't believe he looked the guidelines. and there is no way to contact him buzzed he didn't respond to my letters and stuff. another thing in their brief exhibit a one shows a big portion of the backyard would be built. there is additional backyard decks that describe property and open space. in their exhibit 343, 4, 53 and 4 it shows how their addition w
would block my windows. they're trying to show the other house 555 rock daily has all the way comes up front and blocks everything it's not true you can't see it until you go to the backyard. on page 2 of the holders they say the gas pipe was replaced by 2014 that's false we don't have third degree anything in pg&e and the plan to replace the pipelines in our area is not until 200 for an and the homeowners will be notified in writing. this is not an option for us. regarding the largely support i
tried to contract mr. harrison i didn't hear back from him. we don't need it be a rocket scientist to especially open the third floor with this construction it would be blocking our windows regarding light and a air was not a consideration for them the architect didn't know we had windows. >> you're going to have the on rebuttal your time is up right now. >> okay. i'll come back. >> i actually have one question is your property immediately to the left. >> that's wrong. >> i'm looking at the picture here. >> why don't you put it on the
overhead so - >> correct that's our property. >> okay. >> i wanted to ask the presentation i printed several copies if you guys want it in your hand. >> no, no it's not necessary. >> one question on your property was that the original property or was it at&t one time. >> there's an additional on top of that. but the picture is the original >> we can hear from the project holder and a envy wife and i own the property on 555 rock hill. today, i'm here to ask you to uphold the